Make a Washington Last Will and Testament

Washington State Last Will and Testament Laws

Definition of Will - RCW 11.02.005(20)

Laws - Title 11 RCW (Probate and Trust Law)

Witnesses - According to RCW 11.12.020, the Will must be signed by two (2) witnesses.

A Sample Washington Last Will and Testament with Examples of Each Step

Step 1 - Using the template provided by FormSwift, enter your legal name and your gender.

Step 2 - Provide your city and county of residence.

Step 3 - Enter your marital status from the following list:

• Single
• Married
• Separated
• Divorced
• Widowed

If you are married or separated, enter the name of your spouse.

Step 4 -  If you have children, pets, property, or life insurance policies, state so during this step.

Step 5 - List your children’s names, if they are living, and whether or not they will be named as beneficiaries in your will. Then, list the names of your pets. Finally, provide information about any life insurance policies you own.

Step 6 - List the amount of money or percentage of your property you’d like to leave each child.

Step 7 - If you’d like to set up a trust for someone who is mentally ill or someone with a disability, specify that here. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent issues with their ability to receive Supplemental Security Income and Medicaid benefits.

Step 8 - Enter the age that your children must be in order to begin receiving benefits from their trust. Next, enter how much of the trust will be received. Finally, enter the age they will be when the benefits end.

Step 9 - If there is a specific funeral home you want to use, list the information during this step.

Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.

Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate after you die. Your Executor can be a beneficiary in your Will or your attorney. If you do not name an Executor in your Will, the probate court will name one. It may not be someone you want. To name an Executor, provide the following information:

• Executor’s name
• Relationship to you

Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.

Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets once you die. You may also wish to appoint an alternate Trustee.  If your assets are in a trust, provide the following information for the Trustee and alternate Trustee:

• Name of your Trustee
• Your relationship with them

Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include trademarks, copyrights, valuable photos, digital currency, and other valuable digital items. If you have digital assets and wish to appoint a Digital Executor, provide the following information:

• Name of your Digital Executor
• Relationship with you

Step 14 - Guardian for Your Minor Children - If you have minor children, this step allows you to appoint a guardian to care for them if you die. You can also appoint an alternate guardian and/or a conservator. For the guardian, alternate guardian, and/or conservator, provide the following information:

• Name
• Relationship to you

Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information for each:

• Name of Beneficiary
• Relationship to you
• Inheritance amount/percentage

Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:

• Disinherited individual’s name
• Relationship to you

Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:

• Name
• Address (including city, state, zip code)
• Telephone number

When you are ready to sign your Will, you should have two witnesses who are also ready to sign. Their signatures are required by state law in order for your Will to be valid. After it is signed, keep the document someplace safe. It should also be a place where the document is easy to get to such as with your attorney or with the Executor of your estate.

Why do you need a Washington last will and testament form?

Creating a legal last will and testament in the State of Washington is a crucial step in the estate planning process. When creating a will, you can name an executor who will be responsible for carrying out the directions in your will. Your will can include distribution of all of your assets including real estate, personal property, vehicles, jewelry, and any other personal effects. Assets can be left to anyone. If you want to ensure that your loved ones, pets, or even your favorite charities are taken care of, it is important that you create a will. A will can also be used to name a guardian for minor children.

The benefits of having a will

According to Washington law, a last will and testament is not legally required. Yet, there are many advantages to having one.

• It allows you to explain how you want your assets distributed after your death.
• It allows you to name a guardian for minor children.
• You can use your will to make charitable donations. It can be used to create a pet trust.
• The most important part of creating a will is naming an executor. An executor will be legally responsible for carrying out the directions in your will.
• Washington state offers an expedited probate process for estates worth less than $100,000.

The costs of not having a will

Without a will in the State of Washington, intestacy laws are enacted. This means the Washington probate courts will determine what happens to your assets as well as who will become the guardian of your minor children. These decisions may not align with your wishes. If there is a surviving spouse and no children from a different relationship, the spouse will inherit the entire estate. If there are children from a different relationship, the spouse and children will split the estate. The testator’s parents are also entitled to one-quarter of the estate if there is a surviving spouse and no children. If there is no surviving spouse or children, the courts will determine the next closest relative to inherit the estate. If the State cannot locate a relative, it becomes the beneficiary and absorbs the assets.